Can You Sue Someone For Loss Of Enjoyment Of Life?

This page was written, edited, reviewed & approved by Dustin Lance following our comprehensive editorial guidelines. Dustin Lance, the Founding Partner, has handled many types of personal injury cases and is licensed in Utah and Idaho.

Yes. In Utah, you can sue for loss of enjoyment of life when someone else injures you. It means you can’t do the things you used to enjoy, like sports, hobbies, or family activities. This is a kind of non-economic damages, along with pain and suffering. An experienced personal injury attorney is essential to bridge the gap between your lived experience and the compensation you are legally owed.

At Lance Bingham, we help injury victims show how their lives have changed. Our Salt Lake City personal injury lawyers use medical records, treatment plans, and real examples from your day-to-day life. When necessary, we retain experts to explain lasting effects, such as chronic pain or brain injury.

Loss of Enjoyment of Life Is More Than Just Pain and Suffering

Loss of enjoyment of life is about what you can’t do anymore. It covers the activities and moments that gave your life meaning before the injury. In Salt Lake City personal injury cases, non-economic damages are often a key component.

What Exactly is Loss of Enjoyment of Life?

Loss of enjoyment of life (LOEL) means your injury limits your ability to enjoy a normal life. This can include hobbies, sports, exercise, travel, and time with family. It can also include smaller things, like driving, cooking, or playing with your kids.

Examples we often see include:

  • A runner who can’t jog due to chronic pain
  • A parent who can’t lift a child after a spinal cord injury
  • A skier who can’t return to recreational activities after a traumatic brain injury
  • A person who avoids crowds after post-traumatic stress disorder

This loss can be physical, emotional, or both. Soft-tissue injuries may limit movement for months. Catastrophic injuries can change a life for years or forever. Psychological trauma can also make life feel smaller and less safe.

Distinguishing Loss of Enjoyment of Life from Other Damages

People often mix this up with pain and suffering. Pain and suffering focus on the harm itself, such as aches, surgical pain, and daily discomfort. Loss of enjoyment focuses on what that pain keeps you from doing.

It also differs from economic damages. Economic damages include medical bills, medical expenses, lost wages, and other costs you can add up. Loss of enjoyment is not about receipts or pay stubs. It concerns the loss of quality of life.

It can overlap with emotional distress, but it is not the same thing. Emotional distress often focuses on fear, anxiety, and sleep problems after a personal injury accident. Loss of enjoyment concerns lost pleasure and the loss of the ability to participate in life. Many injured people have both.

These labels matter because insurance companies often seek to conflate everything. They may call it “just pain and suffering” and offer less. Clear wording facilitates settlement negotiations and, if necessary, court proceedings.

Injuries That Most Commonly Lead to Loss of Enjoyment Claims

Loss of enjoyment of life claims usually come from injuries that change daily life. Some injuries limit your body, while others affect your mood, sleep, and focus. In Salt Lake City personal injury cases, we often see LOEL tied to serious and lasting harm.

Catastrophic Injuries with Long-Term Impact

Catastrophic injuries, such as from bicycle accidents, can change what normal life looks like. These injuries often affect work, family roles, and basic independence. They also tend to increase the amount of non-economic damages because the loss is long-term.

Common examples include:

  • Traumatic brain injuries and other brain injuries
  • Spinal cord injuries and spinal cord damage
  • Serious facial injuries or disfiguring burns
  • Severe fractures that limit movement long-term

These injuries can take away big parts of life. Someone may lose the ability to drive, travel, or play with their kids. Recreational activities such as hiking, skiing, or sports may be suspended entirely. Mobility aids and home changes may become part of the daily routine.

We prove this loss using medical reports, therapy notes, and real-life examples. We also use before-and-after details, such as photographs, calendars, and family stories. When needed, medical experts can explain long-term limits.

Catastrophic injuries often come from car accidents, motorcycle accidents, truck crashes, and medical malpractice. They can also happen in product liability cases. The cause changes, but the life impact is often clear.

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Chronic Conditions and Impairments

Some injuries from rear-end car crashes do not look catastrophic at first, but they still reduce quality of life. Chronic pain, nerve damage, and reduced range of motion can wear a person down. Over time, these limits can shrink work, hobbies, and relationships.

Examples include:

  • Long-term back or neck pain after a car accident
  • Chronic joint problems after a fall
  • Soft tissue injuries that never fully resolve
  • Ongoing headaches or dizziness that limit activity

These cases often need careful documentation. Physical therapy notes, treatment plans, and follow-up visits matter. Medical records may reflect a pattern of ongoing limitations, not a one-time complaint.

Insurance companies often argue that these injuries are minor or due to normal aging. They may question treatment or claim you waited too long to see a doctor. We use medical reports and consistent timelines to push back.

Chronic conditions can also affect work and income. If pain prevents you from standing, lifting, or focusing, it may reduce your earning capacity. That ties both economic damages and non-economic damages together.

Chronic injuries can still lead to real loss of enjoyment. The loss may be slower, but it is still real. The key is consistent proof and clear life examples.

Psychological and Emotional Trauma

Loss of enjoyment is not always about physical limits. Psychological trauma can also shrink life in major ways. Anxiety, fear, and mood changes can keep an injured person from doing normal things.

Examples include:

  • Post-traumatic stress disorder after a serious car accident
  • Fear of driving after motor vehicle accidents
  • Depression after disfiguring injuries
  • Sleep problems and panic after a violent fall or medical mistake

These harms can affect cognitive function, focus, and relationships. Some people avoid crowds, travel, or hobbies that once brought joy. Others experience irritability, low energy, or persistent worry.

Proof often comes from counseling records and a psychological evaluation. Journals, personal narratives, and observations by family members can also help. In some cases, expert testimony from mental health providers makes a big difference.

How Loss of Enjoyment Damages Are Calculated

Loss of enjoyment is real, but it does not come with a price tag. That makes it one of the most argued parts of a personal injury case. The goal is to use facts and common sense to place a fair value on what you lost.

The Challenge of Assigning a Monetary Value to Life's Pleasures

You can’t equate a price tag to your child’s soccer games or your weekend hikes. You also can’t invoice your ability to sleep well before a catastrophic truck accident. That’s why insurance companies often try to minimize loss of enjoyment.

The challenge is proving the change and explaining its impact clearly. We do that by showing what your life looked like before, and what it looks like now.

Helpful proof can include:

  • Medical records and medical reports
  • Physical therapy notes and treatment plans
  • Photos and videos of activities you can no longer do
  • Witness statements from friends, coworkers, or a family member
  • A daily journal showing pain, limits, and missed events

In serious cases, we may add expert testimony. Medical experts can explain permanent limits. Mental health providers can explain psychological trauma and post-traumatic stress disorder (PTSD). This helps overcome evidentiary hurdles in tougher cases.

Common Methods for Calculating Non-Economic Damages

There is no single official math formula in Utah for non-economic damages. Still, lawyers and insurers often talk about common approaches. These methods help frame a fair range in settlement negotiation.

Two common approaches are:

1) Multiplier method. This method multiplies your economic damages (such as medical expenses and lost wages) by a factor. The number often increases with injury severity, long recovery, and permanent limits. Insurers may argue for a low multiplier, while your proof may support a higher one.

2) Per diem method. This method assigns a daily rate (a “per diem rate”) for your suffering and loss. Then it multiplies that rate by the number of days you were affected. The daily rate should be based on the facts, not a random number.

These methods are tools, not rules. Some cases don’t fit either method well, especially with traumatic brain injuries or spinal cord injuries. In those cases, we often rely more on medical experts and life-impact proof.

Courts and juries can also play a role if the case goes to trial. A jury verdict may reflect how real people view the life change. Jury instructions guide how jurors consider damages based on the legal standard and evidence.

Key Factors Influencing the Value of a LOEL Claim

Insurance companies look at patterns. So do juries. These factors often drive the value of a loss of enjoyment claim:

  • Injury severity: catastrophic injuries often increase value
  • Length of recovery: longer treatment usually supports a higher value
  • Permanent limits: lasting disability often matters most
  • Daily life impact: work limits, family role changes, and lost hobbies
  • Proof quality: medical records, medical expenses, and consistent reporting
  • Credibility: your timeline, police reports, and witness statements
  • Comparative fault: your share of fault can reduce recovery in Utah

Certain facts can increase the value quickly. For example, spinal cord damage, brain injuries, or major disfigurement often cause a major life change. Psychological trauma, such as from a dog bite injury, with documented care, can also support more serious non-economic damages.

We also look at insurance policies and limits. Sometimes the responsible party’s coverage is not enough to pay full compensatory damages. In rare cases, punitive damages may arise, but they turn on the facts and the law.

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The Critical Role of a Personal Injury Attorney

Loss-of-enjoyment claims are easy for insurance companies to undervalue. The harm is real, but it can be hard to prove without a plan. A Utah personal injury attorney helps turn life changes into clear evidence and a clear demand.

First, a lawyer helps build the right record. We assist you in obtaining medical records, medical reports, and treatment plans. We also assist in documenting missed activities, home limits, and changes in family roles. This often includes personal narratives and witness statements.

Second, a lawyer helps establish the connection between the injury and the loss. That link matters in the legal system. If you have traumatic brain injuries, spinal cord injuries, or chronic pain, we may use medical experts to explain long-term limits. If you have psychological trauma, we may use counseling records and a psychological evaluation.

Third, a lawyer handles the insurance fight. We deal with adjusters, coverage issues, and settlement offers. We also help avoid common pitfalls, such as recorded statements or rushed releases. That can protect both economic damages and non-economic damages.

A lawyer also keeps an eye on deadlines and rules. Utah has a statute of limitations for many personal injury cases. Missing it can end the case, no matter how serious the injury is. (Utah Code § 78B-2-307)

If a fair deal isn’t offered, a lawyer can file a personal injury lawsuit. That may involve discovery, expert witnesses, and trial preparation. It can also involve accident reconstructions in car accident and motorcycle accident cases. The point is to be ready for court, even if the case settles.

At Lance Bingham, we focus on clear guidance and strong proof. We prepare your case like it matters, because it does. When you’re dealing with loss of enjoyment in life, you deserve more than a quick number and a shrug.

Frequently Asked Questions About Suing for Loss of Enjoyment of Life

Can I claim loss of enjoyment if I also have a claim for pain and suffering?

Yes. Loss of enjoyment is often part of non-economic damages along with pain and suffering, as long as your evidence shows real changes in daily life.

Are there limits or caps on the amount I can recover for loss of enjoyment?

Usually, Utah does not cap non-economic damages in most injury cases. Medical malpractice claims against health care providers are subject to a cap under Utah Code § 78B-3-410.

How long does it typically take to resolve a loss of enjoyment lawsuit?

It depends on the treatment duration, evidence, and the insurer's resistance. Many cases settle in months, but lawsuits can take longer, especially with expert witnesses.

What if my injuries are not immediately apparent?

Get medical care as soon as symptoms show up. Prompt treatment and good records help establish the connection between the injury and the accident and reduce insurance disputes.

Can I sue for loss of enjoyment if I had pre-existing conditions?

Often, yes. You may still recover if the accident made your condition worse or added new limits, but you’ll need strong medical records and a clear timeline.

What if the responsible party's insurance policy isn't enough to cover my damages?

There may be other coverage options or other responsible parties. A lawyer can review insurance policies, assets, and possible claims to find all available sources.

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Contact Our Salt Lake City Personal Injury Lawyer for a Free Consultation

If someone else’s negligence took away your ability to enjoy life, you don’t have to fight insurance companies alone. Lance Bingham offers a free consultation so you can share what happened and learn your options under Utah personal injury law. We’ll review your medical records, discuss your non-economic damages like loss of enjoyment of life, and explain what your claim may include.

Loss of enjoyment can be life-changing, and it deserves real attention. The next step is simple: get answers from a team that knows how to prove life impact. Contact us today to schedule your free consultation.

Lance Bingham Utah Personal Injury Lawyers

15 West South Temple, Suite 1650, Salt Lake City, UT 84101

Phone: (801) 383-2922

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